Common sense and the rule of law carried the day with the Pennsylvania Supreme Court last week. Justices tossed out a lawsuit seeking to blame a gun maker for an apparent negligent act which resulted in a preventable tragedy.
The incident unfolded eight years ago when a 14-year-old grabbed a loaded weapon, pointed it at a 13-year-old boy, and pulled the trigger.
An unspeakable loss, of that there is no question.
The teen shooter was later convicted of involuntary manslaughter. The accused told the court that he believed the weapon had no rounds to fire since the clip was removed.
That should have been the end, but it wasn’t. The parents of the slain youth filed a civil lawsuit against Springfield Armory, the maker of the weapon, as well as the store where the firearm was purchased.
The plaintiffs charged that the pistol’s design was flawed and accused both defendants of negligence.
A trial court dismissed the case on the grounds that it is prohibited by the Protection of Lawful Commerce in Arms Act (PLCAA). This 2005 federal law protects the gun industry from being sued over unlawful acts committed after the legal sale of a gun.
The statute was approved in response to a wave of state and municipal lawsuits designed to shutter the industry.
The lower court ruling did not stand, however, and an en banc Pennsylvania Supreme Court panel reinstated the suit. It was then remanded back to the lower court.
Thankfully for the gun industry, the case returned to the Supreme Court, where last week’s ruling ended the proceedings.
The justices unanimously determined that the PLCAA withstands constitutional muster and is lawful under the Tenth Amendment. This marked a significant victory and established another deterrent for those who would sue the industry out of existence.
The National Shooting Sports Foundation (NSSF) praised the court’s conclusion. Senior Vice President and General Counsel Lawrence G. Keane declared a significant victory for gun manufacturers.
“NSSF is pleased by the Pennsylvania Supreme Court’s decision holding that the PLCAA is constitutional and prevents lawsuits that attempt to blame members of the firearm industry for the criminal misuse of a lawfully sold firearm,” Keane declared.
He expressed sympathy for the family but cited the “criminal misuse of the firearm and the irresponsible negligence of the owner of the firearm who failed to safely secure it to prevent unauthorized access by an unsupervised juvenile.”
The PLCAA, Keane said, is once again shown to be “solidly rooted in foundational tort law.”
Justice Sallie Updyke Mundy wrote that the plain language of the PLCAA prohibits suits such as the one before the Court.
Where the family attempted to blame the manufacturer and retailer, justices concluded that the tragedy was rooted in the “criminal or unlawful misuse” of the pistol. The Court also determined that the 14-year-old intentionally fired the weapon.
The PLCAA is the centerpiece of another case before the U.S. Supreme Court. In Estados Unidos Mexicanos v. Smith & Wesson Brands, Inc., et al., the Mexican government seeks $10 billion from American gun manufacturers.
The plaintiffs incredibly argue that U.S. companies are to blame for out-of-control cartel violence in the neighbor to the South. The weapons industry correctly contends that the PLCAA defends them from such frivolous acts.
The unanimous decision is a strong signal to anti-gunners that the PLCAA continues to protect the Second Amendment-based industry. Lawmakers have access to deep pockets funded by taxpayer dollars to attempt to cripple gun manufacturers, and this must not be allowed to happen.
Without the law, the right to keep and bear arms might quickly become meaningless.
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